Recovery of excess salary/pension paid due to administrative re-fixation of pay scales is prohibited for retired and serving employees until service rules are formally amended, and such amendments shall only have prospective application.

ORDER

This writ petition has been filed for the following relief:

“To issue a writ of Certiorarified Mandamus calling for the records of the 4th respondent in impugned proceedings having reference No.na.Ka. No.474/A3/ 2025 dt 27.01.2026 refixing the petitioners payscale from PB 15600-39100 plus 5400 GP reducing to pay scale of PB 9300-34800 plus 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter No.11100/ Ele. Edn 1(1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from 21.07.2008 and to quash the same as arbitrary and consequently direct the 2n to 5 respondents to refix the petitioners pension payscale as per petitioner last drawn pay sale as on 31.03.2026 i.e date of retirement and pay the Death cum Retirement Gratuity (DCRG) amount of Rs.23,90,619/- as per pension sanction order of the 5th respondent vide his proceedings having Reference No.E16/ 11637856/ 3 R1637856/ 273 dt.25.03.26 along with arrears if any together with interest @ 12 percentage per annum till the date of payment.”

2. Heard the learned counsels on both sides and perused the materials available on record.

3. The issue involved in the present writ petition was earlier considered in a batch of writ petitions in W.P.No.12275 of 2024 dated 02.03.2026, wherein, a similar relief was claimed. The learned Judge, after hearing the arguments of both sides and discussing the relevant Rules and Government Orders in detail, had ultimately disposed of the writ petitions with directions. These directions are extracted herein below:

“85. In the result, all the writ petitions are disposed of with the following directions: ~

i) The impugned order directing the fixation of the selection grade/special grade scale of pay at the first promotional level and 2nd promotional level is set aside to the extent that there shall be no recovery of amount, which has already been paid, from the petitioners;

ii) Insofar as the petitioners, who have retired from service is concerned, no amount shall be recovered on the basis of the impugned order from the retrial benefits/pensionary benefits of the petitioners with regard to the amount already paid;

iii) Insofar as the petitioners, who are still in service, no amount shall be recovered on the basis of the impugned order from the salary of the petitioners with regard to the amount already paid;

iv) In case any amount has already been recovered from any of the petitioners towards excess payment made in the selection grade scale, the same shall not be refunded to the petitioners and the respondents shall re-fix the selection grade scale of pay of the said petitioners after amendment to FR 22~B and, thereafter, upon computation, if any amount is due and payable to any of petitioners, the same shall be paid by the respondents forthwith;

v) Until FR 22~B is amended so as to include the directions given in G.O.Ms. No.63305/Pay Cell/2010~1 dated 8.11.2010, more particularly para 4 (i) of the said Government Order, no action shall be taken by the respondents to re-fix the scale of pay of the petitioners and similarly placed persons;

vi) Subject to amendment, if any, that may be made to FR 22~B, with reference to G.O. Ms. No.63305/Pay Cell/2020~1 dated 8.11.2020, the respondents are at liberty to revise the salary of the persons who are in service by refixing their scales of pay in the selection grade as also the pensionary benefits of the pensioners by refixing their scales of pay in selection grade in line with the amendments that may be made to FR 22~B for computing the admissible pension payable based on para 4 (i) of G.O. Ms. No.63305/Pay Cell/2010~1 dated 8.11.2010, which shall be applicable only prospectively and not retrospectively;

vii) Pursuant to the amendment, if any, made to FR 22~B, upon refixation of the scales of pay of